Republic v Inspector General of the National Police Service, Director of Criminal Investigation, Kiambu County, Directorate of Criminal Investigation, Lari Sub-County, Directorate of Criminal Investigation & Director of Public Prosecution; James Muthaka Njuguna(Interested Party); Ex-parte Applicants:Osoro Kennedy Omwoyo & Isaac Kyai Nyamai [2020] KEHC 6217 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

JUDICIAL REVIEW APPLICATION NO. 85 OF 2020

IN THE MATTER OF AN APPLICATION FOR LEAVE FOR

JUDICIAL REVIEWORDERS OF PROHIBITION AND CERTIORARI

BETWEEN

REPUBLIC........................................................................................................................APPLICANT

VERSUS

INSPECTOR GENERAL OF THE NATIONAL POLICE SERVICE...............1ST   RESPONDENT

DIRECTOR OF CRIMINAL INVESTIGATION...................................................2ND RESPONDENT

KIAMBU COUNTY, DIRECTORATE OFCRIMINAL INVESTIGATION......3RD RESPONDENT

LARI SUB-COUNTY, DIRECTORATE OF CRIMINAL INVESTIGATION.....4THRESPONDENT

DIRECTOR OF PUBLIC PROSECUTION............................................................5TH RESPONDENT

AND

JAMES MUTHAKA NJUGUNA........................................................................INTERESTED PARTY

EX PARTE APPLICANTS:

1. OSORO KENNEDY OMWOYO

2. ISAAC KYAI NYAMAI

RULING

The Application

1. The ex parte Applicants herein are aggrieved by a decision by the Respondents to charge them with the offence of stealing a motor vehicle in Criminal Case No 674 of 2019 in Limuru Law Courts. The ex parte Applicants have thus moved this Court in an application by way of Chamber Summons dated 27th April 2020, seeking orders that the said application be certified urgent, and for leave to apply for judicial review orders of certiorari and prohibition to quash and prohibit the said criminal proceedings.

2. The ex parte Applicants also seek orders that the said leave operate as a stay of their intended arrest, charging, arraignment and prosecution in the said criminal proceedings, and  that the costs of the application be provided for. The application is supported by the ex parte Applicants’ Statutory Statement dated 27th April 2020, and a verifying affidavit sworn on the same date by the 1st ex parte Applicant.

3. I have perused the ex parte Applicants’ Chamber Summons dated 27th April 2020 and supporting documents, and note that the ex parte Applicants are seeking leave to bring orders in relation to criminal proceedings in the Limuru Law Courts, which are under the supervisory jurisdiction of the Kiambu High Court.

4. In the premises I direct and orders that this suit be and is hereby transferred to the Kiambu High Court for further hearing and determination. The ex parte Applicant’s Chamber Summons dated 27th  April 2020 shall accordingly be placed before the Duty Judgeat theKiambu High Court on  7th  May 2020, for directions.

5. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling and orders by electronic mail to the ex parte Applicants, and to the Deputy Registrar of the Kiambu High Court, by close of business on 4th May 2020.

6. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 30th  DAY OF APRIL 2020

P. NYAMWEYA

JUDGE